Unele aspecte privind practica neunitară a instanțelor în interpretarea dispozțiilor legale privind clauza penală în raporturile juridice de muncă
Some aspects regarding the non-unitary practice of the courts in the interpretation of the legal provisions on the criminal clause in the legal employment relations

Summary/Abstract: In the interpretation and application of the provisions of Articles 10, 38, 57, 134, paragraph (1) and Article 254, paragraph (3) and (4) of Law no. 53/2003 - The Labor Code, republished, with subsequent amendments, the stipulation of the criminal clause in the individual employment contract or in an addendum thereof, which assesses the damage caused to the employer by the employee due to his fault and in connection with his work, is prohibited and is sanctioned with the nullity of the clause thus negotiated. This is the solution pronounced by the High Court of Cassation and Justice by Decision no. 19 of 20 May 2019 [1]. Some of the arguments on which this Decision was based are examined in the following lines.

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